Are you planning to buy a home with your partner, friend, or family member? Before you start house hunting, there are important legal and financial decisions to make.
Getting these right from the start protects both parties and can save you thousands of euros in tax, inheritance, and separation costs. This blog article is written by our mortgage advisor, Luc from OHAO and covers everything you need to arrange when buying together in 2026.
4 questions to discuss before buying together
Before you look at a single property listing, sit down and talk through these four questions. They form the foundation of every decision that follows — from the mortgage application to the ownership split in the notarial deed.
Are you planning to marry or enter a registered partnership?
The legal form of your relationship has major consequences for property rights, inheritance, and what happens if you separate. Marriage and registered partnerships give both partners automatic legal protections.
Unmarried couples who live together have none of these protections by default — they need a cohabitation agreement drafted by a notary to fill the gap. Even if you plan to marry later, you should document your arrangement now so that the period before marriage is legally covered.
Our mortgage advisors can recommend a notary who can help you understand your situation and choose the right legal agreement.
Do you both have a fixed income, or is one partner self-employed?
Mortgage lenders assess each partner’s income differently. Employees with a permanent contract generally present a stronger mortgage application case.
Self-employed applicants face additional requirements when applying for a mortgage. This directly affects how much you can borrow together and whose income will lead the application. If your income situation is complex, read our guide on mortgages with non-traditional income in the Netherlands.
How will you share equity and debt if the relationship ends?
This is the most important question to answer before signing anything. If you separate, one of two things happens: one partner buys out the other, or the property is sold, and the proceeds are split.
The split is governed by the terms of the notarial deed of transfer. Discuss this honestly and document it with your notary. For free legal information on cohabitation and property rights, Juridisch Loket is a useful starting point. If separation does occur, our page on mortgages after divorce in the Netherlands explains your options.
What happens financially if one partner dies?
When both partners are named on the mortgage, both are fully liable for the total debt. If one partner dies, the surviving partner must continue paying the entire mortgage on a single income. Life insurance is the standard solution in this situation. We discuss this during the mortgage application process and help you understand and select the right insurance.
Marriage, registered partnership, or cohabitation agreement?
The legal form of your relationship does not affect whether you qualify for a mortgage, but it matters enormously for protecting both partners in the event of death, disability, or separation.
Marriage and registered partnership
In the Netherlands, marriages and registered partnerships entered into on or after 1 January 2018 are automatically subject to a limited community of property. Assets and debts acquired before the relationship stay separate, while those accumulated during the relationship are shared. If you want different arrangements, you must draw up a prenuptial agreement with a notary before you marry. The KNB has a clear explanation of prenuptial agreements and registered partnerships.
Cohabitation agreement (samenlevingscontract)
Unmarried couples do not have automatic legal protections under Dutch law. A cohabitation agreement (samenlevingscontract), drafted by a notary, fills this gap. The KNB (Royal Dutch Association of Civil-law Notaries) provides a detailed explanation of what such an agreement can include. In practice, it usually covers:
Who owns what percentage of the property.
How shared costs are divided, such as the mortgage, maintenance, and utilities.
What happens to the property if one partner dies or the relationship ends.
Whether partners inherit from each other, since unmarried partners do not automatically inherit without a will.
This agreement helps ensure that both partners are legally protected and that financial responsibilities are clearly defined from the start.
Cost: a cohabitation agreement typically costs between €500 and €1,000 at a notary. It is one of the best investments you can make before buying together.
Ownership splits: equal vs unequal contributions
The notarial deed of transfer documents who owns which percentage of the property. All ownership records are registered with the Kadaster (Land Registry), which is the official public record of real estate ownership in the Netherlands. This is entirely separate from the mortgage — you can both be responsible for 100% of the mortgage while owning different percentages of the property. Ownership does not have to be 50/50. There are two common approaches:
Option A: Unequal ownership
If one partner adds substantially more to the purchase — for example, by using a personal gift or inheritance as part of the deposit — the ownership can be split accordingly. A 60/40 split means Partner A owns 60% and Partner B owns 40%. When the property is eventually sold, proceeds are divided accordingly. Before you start, it helps to understand how much savings you need to get a mortgage in the Netherlands.
Option B: Equal ownership with a compensation agreement (verrekenbeding)
In this case, the property is registered as 50/50 ownership in the deed, but any differences in financial contributions are recorded separately in a compensation clause within the cohabitation agreement or prenuptial agreement.
For example, if one partner contributes an extra €30,000 from personal savings, this is documented so that the amount is recognised. If the property is later sold or one partner buys the other out, the agreement explains how that additional contribution is repaid.
The right option for you depends on your individual situation. A notary and independent mortgage advisor can guide you through the consequences for tax, inheritance, and mortgage liability.
Helpful advice: always tell your notary exactly who is contributing what to the purchase, including any gifts from parents. This information must be correctly documented to protect your rights later.
Life insurance: why it is important
When you buy a home together, you are both fully responsible for the mortgage. This is called joint and several liability. If one partner dies unexpectedly, the surviving partner inherits the entire mortgage debt and must continue making full payments, usually on a single income.
What does life insurance cover?
A life insurance policy pays out a lump sum to the surviving partner if the insured person dies during the policy term. This payout can be used to:
Repay all or part of the outstanding mortgage.
Cover monthly mortgage payments while the surviving partner adjusts financially.
Provide economic security so the surviving partner can stay in the home.
The AFM (Dutch Authority for the Financial Markets) provides independent consumer information on life insurance products in the Netherlands.
How much does it cost?
For a healthy person in their 30s, a policy covering the mortgage balance typically costs between €10 and €30 per month. Nibud is a useful independent resource to understand how insurance costs fit into your overall household budget. Both partners should each have their own policy
Top frequently asked questions by expats
Do I need a cohabitation agreement if we plan to marry soon?
Yes — if you buy the property before you are married, the period between purchase and marriage is unprotected unless you have a cohabitation agreement. A lot can happen in that time. It can be replaced by a prenuptial agreement when you marry. See the KNB explanation of cohabitation agreements for more detail.
Can we split the mortgage unequally even if we own 50/50?
No. The mortgage is a separate contract with the lender. Both partners are jointly liable for 100% of the mortgage, regardless of the ownership split.
What happens if we separate?
There are two main outcomes: one partner buys the other out: the partner leaving is paid their ownership share and is removed from both the property deed and the mortgage. Or the property is sold: proceeds after repaying the mortgage are divided according to the ownership split recorded in the deed. Both outcomes are far smoother when you have documented everything clearly from the start.
Do we both need to be on the mortgage?
Not necessarily. It is possible for one partner to take out the mortgage alone. For more information and your personalized situation, contact our mortgage advisors.
What is the role of the notary?
In the Netherlands, every property transfer must be notarised. The notary drafts the deed of transfer and the mortgage deed, registers them with the Kadaster, and advises both parties on the legal implications.
Are you ready to take the next step?
Buying together is one of the biggest financial decisions you will make. Getting the legal and financial structure right from the start saves money, reduces stress, and protects both partners — whatever the future holds.
At OHAO, our mortgage advisor Luc specialises in helping couples and co-buyers navigate exactly these decisions. If you have questions about your mortgage borrowing capacity in the Netherlands, life insurance, or the right ownership structure, we are happy to help.
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